Ê2 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4622 OF 2013 (Arising out of SLP(C) No. 11509 of 2012) KHOSLA MEDICAL INST.& RESEARCH SOCIETY Appellant VERSUS DELHI DEVELOPMENT AUTHORITY & ANOTHER Respondents O R D E R 1. Leave granted. 2. This appeal is directed against the interim order dated 04.01.2012 passed by the High Court of Delhi in C.M. No. 135 of 2012 in RFA No. 11/2012 whereby the High Court has admitted the First Appeal filed by the Appellant challenging the cancellation of lease deed which was granted to him by the respondent no.1. Admittedly, the First Appeal is subjudice before the High Court, but the application filed by the Appellant seeking interim order of status quo has been refused. Thus, this appeal is directed against the refusal of the High Court to maintain status quo in regard to the land in question on which the Petitioner's Ayurvedic Hospital is running. 3. Learned senior counsel for the Appellant impressed upon this Court that the Appellant may be permitted interim protection of status quo during the pendency of appeal before the High Court, for even if the appeal is finally allowed and in the interregnum he is uprooted by vacating the premises, that will result into grave consequence for the hospital. 4. Learned senior counsel for the respondent, however, resisted and contended that even if the appeal is allowed by the High Court, the Appellant will have a remedy of restitution of the suit premises at the appropriate stage. 5. On an analysis of the arguments and counter arguments, we are of the view that the Appellant at this stage has made out a plausible case in his favour insofar as the plea of grant of order
of status quo is concerned as it is obvious that the Appellant has filed the First Appeal against the dismissal of his suit and that appeal is by way of a statutory right under the Civil Procedure Code which is not a matter of discretion. Besides this, the appellant is running a hospital by virtue of the lease deed granted in his favour. On the contrary, we see no strong reason or prima facie case for the respondent-DDA to direct the appellant to vacate the suit premises forthwith even though the appeal is pending 6. We are, therefore, of the view that the High Court was not justified in refusing to grant the order of status quo in the matter which practically has the effect of rendering the First Appeal non est. Therefore, we set aside the order of the High Court refusing to grant the interim protection to the appellant on the same terms and conditions which have been incorporated in the lease deed, while the First Appeal is pending. We, therefore, order that the appellant shall continue to remain in occupation of the suit premises until the First Appeal is finally decided. But in case any of the terms and conditions of the lease deed is violated by the appellant in any manner, the respondent-DDA will be at liberty to file an application for vacating the order of status quo. 7. However, it goes without saying that this protection granted by this Court will not be interpreted so as to enure any benefit to the appellant insofar as the merit of the First Appeal is concerned as that obviously will be decided on its own merits. 8. In view of the order of status quo granted by this Court, the High Court is requested to give preference to the hearing of the First Appeal by taking up the matter preferably within a period of six months. 9. The appeal is disposed of in terms of the aforesaid order and directions. ........................J. (GYAN SUDHA MISRA) ........................J. (J. CHELAMESWAR) NEW DELHI MAY 02, 2013ITEM NO.9 COURT NO.12 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).11509/2012(From the judgement and order dated 04/01/2012 in RFA No.11/2012,CMNo.135/2012 of The HIGH COURT OF DELHI AT N. DELHI)
KHOSLA MEDICAL INST.& RESEARCH SOCIETY Petitioner(s) VERSUSDELHI DEVT.AUTH.& ANR Respondent(s)(With appln(s) for PERMISSION TO ACCEPT LENGTHY LIST OF DATES and prayerfor interim relief and office report)Date: 02/05/2013 This Petition was called on for hearing today.CORAM : HON'BLE MRS. JUSTICE GYAN SUDHA MISRA HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Ravindra Shrivastava, Sr.Adv. Ms. Iti Sharma, Adv. Mr. Abhinav Shrivastava, Adv. Mr. Harmeet Ruprah, Adv. Mr. Suvigya Awasthi, Adv. Mr. Abhijeet Sinha, Adv.For Respondent(s) Mr. A. Saran, Sr.Adv. Ms. Binu Tamta, Adv. Mr. Dhruv Tamta, Adv. UPON hearing counsel the Court made the following O R D E R Leave granted. Appeal is disposed of in terms of the signed order. (NAVEEN KUMAR) (SNEH BALA MEHRA) COURT MASTER COURT MASTER (Signed order is placed on the file)
´ITEM NO.58 COURT NO.13 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).11509/2012(From the judgement and order dated 04/01/2012 in CM No.135/2012 inRFA No. 11/2012 of the HIGH COURT OF DELHI AT NEW DELHI)KHOSLA MEDICAL INST.& RESEARCH SOCIETY Petitioner(s) VERSUSDELHI DEVELOPMENT AUTHORITY & ANR. Respondent(s)(With appln(s) for permisison to accept lengthy list of dates, prayerfor interim relief and office report)Date: 08/04/2013 This Petition was called on for hearing today.CORAM : HON'BLE MRS. JUSTICE GYAN SUDHA MISRA HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Ranjit Kumar, Sr. Adv. Ms. J. Sharma, Adv. Mr. Abhijeet Sinha, Adv.For Respondent(s) Mr. Amarendra Saran, Sr. Adv. Mr. Dhruv Tamta, Adv. Ms. Binu Tamta, Adv. UPON hearing counsel the Court made the following O R D E R Let the case be listed for final disposal on a non- miscellaneous day in the month of May 2013. |(N.S.K. Kamesh) | |(Sneh Bala Mehra) ||Court Master | |Court Master |
\230ITEM NO.62 COURT NO.12 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).11509/2012(From the judgement and order dated 04/01/2012 in RFA No.11/2012, CMNo.135/2012 of The HIGH COURT OF DELHI AT N. DELHI)KHOSLA MEDICAL INST.& RESEARCH SOCIETY Petitioner(s) VERSUSDELHI DEVT.AUTH.& ANR Respondent(s)(With appln(s) for permission to accept lengthy list of dates and prayerfor interim relief and office report)Date: 25/02/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE CHANDRAMAULI KR. PRASAD HON'BLE MR. JUSTICE V. GOPALA GOWDAFor Petitioner(s) Mr. Abhijeet Sinha, Adv. Mr. Mayank Kshirsagar, Adv.For Respondent(s) Ms. Binu Tamta,Adv. UPON hearing counsel the Court made the following O R D E R In view of the letter circulated by learned counsel for the petitioner seeking adjournment on the ground of personal difficulty, the matter is adjourned by one week.| (S.K. Rakheja) | |(Indu Satija) ||Court Master | |Court Master |
¬ITEM NO.6 COURT NO.12 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).11509/2012(From the judgement and order dated 04/01/2012 in RFA No.11/2012,CMNo.135/2012 of The HIGH COURT OF DELHI AT N. DELHI)KHOSLA MEDICAL INST.& RESEARCH SOCIETY Petitioner(s) VERSUSDELHI DEVT.AUTH.& ANR Respondent(s)(With appln(s) for PERMISSION TO ACCEPT LENGTHY LIST OF DATES and prayerfor interim relief and office report)Date: 04/02/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE CHANDRAMAULI KR. PRASAD HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Abhijeet Sinha, Adv. Ms. Iti Sharma, Adv.For Respondent(s) Ms. Binu Tamta, Adv. Mr. Dhruv Tamta, Adv. UPON hearing counsel the Court made the following O R D E R Perused the letter dated 01.02.2013 circulated on behalf of the petitioner. In view of the request made in the letter, two weeks' time is granted for filing rejoinder affidavit. (NAVEEN KUMAR) (INDU SATIJA) COURT MASTER COURT MASTER
òITEM NO.9 COURT NO.13 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).11509/2012(From the judgement and order dated 04/01/2012 in CM No. 135/2012 in RFANo.11/2012 of The HIGH COURT OF DELHI AT N. DELHI)KHOSLA MEDICAL INST.& RESEARCH SOCIETY Petitioner(s) VERSUSDELHI DEVT.AUTH.& ANR Respondent(s)(With appln(s) for permission to accept lengthy list of dates and andprayer for interim relief and office report)Date: 21/01/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE CHANDRAMAULI KR. PRASAD HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Ms. Iti Sharma,Adv. Mr. Abhijeet Sinha,Adv.For Respondent(s) Mr. Dhruv Tamta,Adv. Ms. Binu Tamta,Adv. UPON hearing counsel the Court made the following O R D E R In view of the letter circulated by learned counsel for the respondents praying for two weeks' time to file reply affidavit, the matter is adjourned by two weeks.| (S.K. Rakheja) | |(Indu Satija) ||Court Master | |Court Master |
\222ITEM NO.21 COURT NO.9 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).11509/2012(From the judgement and order dated 04/01/2012 in CM No.135/2012in RFA No.11/2012 of The HIGH COURT OF DELHI AT N. DELHI)KHOSLA MEDICAL INST.& RESEARCH SOCIETY Petitioner(s) VERSUSDELHI DEVT.AUTH.& ANR Respondent(s)(With appln(s) for PERMISSION TO ACCEPT LENGTHY LIST OF DATES andprayer for interim relief)Date: 20/04/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE DEEPAK VERMA HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Ranjit Kumar, Sr.Adv. Mr. Kailash Vasdev, Sr. Adv. Ms. Iti Sharma, Adv. Mr. Abhijeet Sinha,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice, returnable at an early date. Dasti, in addition, is permitted. Apart from this, petitioner would be at liberty to serve the learned Standing Counsel for the Delhi Development Authority. In the meanwhile, looking to the facts and features of the case, we direct the parties to maintain status quo, as it obtains today.(A.D. Sharma) (S.S.R. Krishna) Court Master Court Master